Supreme Court Upholds Controversial Indiana Abortion Law

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But the Supreme Court struck down an appeal to reinstate that part of the restrictive law. In Tuesday's ruling, the court delivered good and bad news for both sides of the debate.

Supreme Court Justice Clarence Thomas issued a stinging concurrence Tuesday, in the case of a comprehensive in law greatly restricting the reasons a woman can obtain an abortion and requiring that all aborted babies be either cremated or buried.

Wall Street Journal: "The court's unsigned opinion appeared the product of a delicate compromise, and it stressed the justices weren't ready-for now-to consider whether either law violates the Constitution".

Given the potential for abortion to become a tool of eugenic manipulation, the Court will soon need to confront the constitutionality of laws like Indiana's.

Thomas agreed with the Court's 7-2 ruling that IN was free to require medical facilities to provide a dignified burial or cremation for children aborted under their watch, but dissented from the Supreme Court's decision not to rule on the part of the IN law that banned abortions done on the basis of gender, race, or disability.

IN had requested that the high court review the decision of the 7th Circuit Court of Appeals, which had ruled against the state's anti-discrimination abortion laws. Ginsburg said in a short solo opinion that she believes that the issue does implicate a woman's right to have an abortion "without undue interference from the state".

Other states have passed laws that would outlaw abortion once a fetal heartbeat has been detected, typically around six weeks of gestation.

The Indiana law was closely watched because it was the first time the conservative court, reinforced by the addition of President Donald Trump's two nominees, had the opportunity to take a case with consequences for the constitutional protection found in Roe v. Wade and Planned Parenthood v. Casey.

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Vice President Mike Pence signed the IN law IN question when he was governor of the state.

Whether it's a total ban or a law created to shut down clinics, politicians are lining up to decimate access to abortion. "Countries across the globe prohibit selective abortion - and the United States should do the same" said Alyssa Farah, the vice president's press secretary.

The lower court also blocked a provision that prevented a doctor from performing an abortion sought after the sex of the baby or a congenital defect or disorder is diagnosed. Pence commended the court for "upholding a portion of IN law that safeguards the sanctity of human life by requiring that remains of aborted babies be treated with respect and dignity", Farah said IN a statement.

The Chicago-based appeals court had blocked a measure that would have prevented a woman from having an abortion for reasons related to race, gender or disability.

In a separate opinion, Justice Clarence Thomas expressed his support for the provision.

"Although the court declines to wade into these issues today, we can not avoid them forever", he wrote.

Thomas and Ginsburg also engaged in a brief battle of dueling footnotes in which Thomas said Ginsburg's dissent "makes little sense". Justice Ginsburg said, a woman who terminates - who exercises her constitutionally protected right to terminate her pregnancy is not a mother. IN met that burden, it said. He had spoken about the mother's right to terminate her pregnancy.

The court said it is leaving open court challenges to similar laws under a higher legal standard.